135 duty times and flight instruction.

[scubabri]

Does flight instruction count as commercial time when it comes to 135 duty times?

From what I understand, the FAA doesn't consider flight instruction as commercial operations, as I read in the FAR's Explained book, which requires only a class 3 medical to do flight instruction.

Can anyone site any thing that says yes it does or no it doesn't

I've kinda got an ongoing argument at work.. I'm 2 for 2 on the far stuff and I'd like to be 3 for 3 but they don't seem to want to believe the legal dude from the book

b

 

[avbug]

Duty time is not the same as flight time. Flight instruction does not impact duty time, unless it is instruction provided for your 14 CFR 135 employer. However, regardless of who you work for when providing the instruction, it does impact your daily flight time limitations.

You may legally put in a 14 hour duty day with your 135 employer, and still provide flight instruction on the side. If you are flying single pilot 135 with an 8 hour flight time limitation, and you instruct two hours on the side, you are limited to 6 hours of flying under Part 135. You may put in 14 duty hours under part 135, and still put in time providing ground or flight instruction, taking private flights on the side, or doing anything you wish during your "rest" time.

Rest time, with respect to 135, applies specifically to the certificate holder. That is, if you fly for two different certificate holders and put in eight hours for each, you have not compromised your legal duty or rest requirements. You put in eight hours of duty for Certificate holder A, in a 24 hour period. You have been assigned to no duty with THAT certificate holder for 10 hours preceeding your duty time. You're legal.

However, during those 10 hours, you spent eight of them on duty for another certificate holder, B. Does this compromise your legal rest requirements for Certificate Holder A? No, it does not. And so long as you've had 10 hours preceeding the duty time for certificate holder B during which you weren't assigned to duty by B, then you're legally in good shape.

That's the basic legality of it. However, quite obviously this could pose a safety problem...what if a pilot put in eight hours of duty time for three separate certificate holders in a 24 hour period? No rest; can't be safe, right?

You're right, it isn't. The FAA also looks at one's fitness to fly under several regulations. A pilot is required to be fit to fly; a pilot must be airworthy. A pilot who is not fit to fly holds an invalid medical certificate; it's only valid for flight operations when you're fit to use it. If you're fatigued, your medical certificate is invalid. How can the FAA prove it? The FAA doesn't need to, except on appeal. The FAA won't have much difficulty, however, if you are unable to show adequate rest...not just in the legal sense, but to prove that you were rested and safe. Remember that the burden of proof is on you, not the FAA.

It's important to understand that flight time is different than duty time. Flight time may be compromised under unforecast circumstances. Duty time may not.

If the flight instruction in question is provided under Part 135 within your company (Certificate Holder A), then it counts against your duty time. If it's provided on the side, or for another company, it doesn't count against your duty time with Certificate Holder A. It doesn't mean you're in the clear, either.

Regardless of who you provide the instruction to or for, it does count against your flight time limitations. I am on the road presently and don't have access to my usual databases and information, however, you'll need to refer to more than one source for the difinitive on this one. While flight instruction may be performed with no medical certificate at all, it may still be considered commercial flying. You may not be acting as pilot in command, but flight time limitations under Part 135 are not based upon pilot in command service, but on commercial flying. Flight instructing is commercial flying.

As a basic test, you will note that a flight instructor certificate is not valid unless accompanied by an appropriately rated pilot certificate; a commercial pilot certificate.

Rest assured that the FAA will assume this viewpoint, and consider your flight instruction to be other commercial flying. Unless you can show exigent circumstances for exceeding daily flight limitations, you are not permitted to do so; bear in mind that any flight instruction done on the side (just as any other "commercial flying, including ag, banners, etc), counts toward your total aggregate flight time limitations, and will limit the amount of work you can do under Part 135.

You should also be aware that any commercial flying you do, or any other work you do that impacts your availability to your employer, must be reported to your employer, and recorded on that employers records. It will be considered when performing a base inspection, or any inspection involving your records. It's important to remember that the restrictions against exceeding duty and/or flight time limitations apply both to you, and to your employer. The regulation states that no employer shall assign, and no pilot shall accept...thus placing equal burdens upon both of you, and equal liability...all flight time which counts toward the aggregate 135 limitations must be reported to your employer.

Failure to do so could net you a violation while leaving your employer in the clear, legally.

Yes, only a third class medical is required to flight instruct (assuming you are acting as PIC...if not, then you don't need a medical certificate at all, to instruct). It's still commercial flying with respect to flight time limitations under Part 135.